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LICENSED APPLICATION END USER LICENSE AGREEMENT Updated July 2025LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to the FSTAC, Canadian FSTAC, and STAC Apps (“Licensed Application”) is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). Your license to the Licensed Application under this EULA is granted by Application Provider. The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
You acknowledge that the EULA is concluded between You and the Cognitive Innovations, LLC (“Application Provider”) only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a revised end user license agreement. You acknowledge that the Licensed Application is copyrighted material owned by Application Provider and is protected by U.S. copyright law. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). You must retain all copyright and trademark notices on the Licensed Application and take reasonable steps to protect Application Provider's intellectual property rights. Except as specifically set forth in this Agreement, Application Provider owns and retains all right, title, and interest in the Licensed Application and any and all related materials. This Agreement does not transfer any ownership rights in the Licensed Application or any related materials to you or to any third party.
THE LICENSED APPLICATION IS DESIGNED AND INTENDED FOR USE ONLY BY TRAINED, ACCREDITED MENTAL HEALTH AND/OR MEDICAL PROFESSIONALS. The Licensed Application is not intended for use by laypersons or the general public. The Licensed Application is not intended to diagnose, treat, or draw any conclusions regarding the individual(s) to which the Licensed Application is administered. The Licensed Application and any results are to be utilized by only to for informational purposes and to gather data for use and interpretation by a mental health and/or medical professional. Purchaser acknowledges and agrees that the Licensed Application will be utilized and administered only by a mental health and/or medical professional.
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application as required under applicable law. You and Application Provider hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, APPLICATION PROVIDER IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM THE MODIFICATION, MISUSE OR DAMAGE OF ANY OF THE SOFTWARE BY PARTIES OTHER THAN APPLICATION PROVIDER OR PARTIES PERFORMING AS A CONTRACTOR AT THE DIRECTION OF APPLICATION PROVIDER. APPLICATION PROVIDER DOES NOT WARRANT AND SHALL HAVE NO LIABILITY WITH RESPECT TO THIRD PARTY SOFTWARE OR OTHER NON - APPLICATION PROVIDER PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ANY EFFORTS BY APPLICATION PROVIDER TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY APPLICATION PROVIDER WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Application Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed herein. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Application Provider's sole responsibility.
You and Application Provider hereby acknowledge that Application Provider, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL BE LIMITED TO GENERAL MONEY DAMAGES (I.E., COMPENSATORY DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages exceed the fees actually paid by you to Application Provider pursuant to this Agreement for the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You and Application Provider hereby acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Every provision of this Agreement is intended to be severable. If any provision is held to be invalid or unenforceable by law or by a court of competent jurisdiction, all other provisions shall nevertheless continue in full force and effect. In lieu of such invalid or unenforceable provision, there shall be added as part of this Agreement a legal, valid, and enforceable provision as similar in terms to such invalid or unenforceable provision as may be possible.
All understandings and agreements previously made by and between the parties are merged in this Agreement, which alone fully and completely expresses their agreement. This Agreement may not be changed, terminated, nor any of its provisions modified or waived, except in writing signed by all of the parties to this Agreement.
You and Vendor hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
Any questions, complaints or claims with respect to the Licensed Application should be directed to Vendor, whose name, address, telephone, and e-mail address are as follows: Cognitive Innovations, LLC 8 Halstead Rise, Fairport NY, 14450 585-721-3149 Email - [email protected] BY PURCHASING THE LICENSED APPLICATION, THE PURCHASER INDICATES AGREEMENT WITH THE ABOVE AND SHALL CAUSE THE SOFTWARE TO BE DOWNLOADED TO THE PURCHASER'S COMPUTER. |
